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Home My WebLink About08-05-19 City Commission Packet Materials - C6. CIO with Ironwood, Inc. and Skeeter, LLC for West Peach Condos Infrastructure Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Griffin Nielsen, Engineer I Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a City of Bozeman Conditional Irrevocable Offer of Dedication with Ironwood Inc, and Skeeter LLC for infrastructure improvements for the West Peach Condos Project. MEETING DATE: August 5, 2019 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the City Manager to sign a City of Bozeman Conditional Irrevocable Offer of Dedication with Ironwood Inc, and Skeeter LLC for infrastructure improvements for the West Peach Condos Project. BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed City of Bozeman Conditional Irrevocable Offer of Dedication. This document has been provide as part of the concurrent construction process to ensure that all onsite public infrastructure, required to serve the West Peach Condos, is completed and dedicated in tandem with building construction. Engineering staff reviewed the document and found it to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: City of Bozeman Conditional Irrevocable Offer of Dedication Report compiled on: July 24, 2019 47 City of Bozeman ConditionalIrrevocable Offer of DedicationThis Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer")is made this <?V day of 7T. \ ^ . 2019, by Ironwood Inc, & Skeeter LLC , 320 WestLamme Street, Bozeman MT 59^15 (hereinafter refen-ed to as "Grantor").WHEREAS, Grantor is the legal owner in simple fee interest of certain real propertieslocated in the County ofGallatin, State of Montana, and described as Lot 1A Block 1 of AmendedPlat of the Amended Plat of Lots 1,2,3 & 4 of Block 1, Correction Plat of Westlake's FirstAddition to Bozeman Located in the SE V^ of Section 1 T.2.8., R.5.E., City ofBozeman, GallatinCounty, Montana, on file and of record in the office of the Clerk and Recorder of said County(hereinafter referred to as the "Property") andWHEREAS, Grantor applied to the City ofBozeman (the "Municipality") for approval toundertake development as defined in Chapter 38.7, BMC within the City ofBozeman (hereinafterthe "Permit"); andWHEREAS, approval of Application 18295 was granted on 3/25/2019, by theMunicipality in accordance with the provisions of Title 38, BMC, hereby incorporated byreference; andWHEREAS, Grantor wishes to meet the requirements of Title 38, BMC, to provide publicaccess and/or allow simultaneous construction of infrastructure and improvements which will laterbe granted to the Municipality, with the buildings, remaining improvements and land appurtenantthereto to remain in private ownership, as authorized in Section 38.270.030.C; andWHEREAS, the water and sewer improvements and street infrastructure appurtenant toand to be installed or constructed on or under the above described lands, and infrastructure and/orinterests therein are to be dedicated to the Municipality, free and clear of all encumbrances,pursuant to said final approval of the Permit; and,WHEREAS, it is intended that this Offer is irrevocable and shall, upon written acceptance48 by the Municipality and final approval of the Permit referenced herein, grant all rights of use oraccess for maintenance and repair of the said improvements and infrastructure offered;NOW THEREFORE, in consideration of the granting of, and conditioned upon, the finalapproval for application no. 18295, the Grantor hereby offers to dedicate to theMunicipality, the sewer and water improvements and street infrastructure constructed or beconstructed upon the real property as specifically set forth, described and identified in the plansand specifications issued or prepared by Madison Engineering LLC, 895 Technology Blvd Suite203 Bozeman MT 59718, Project 18295 dated April 11, 2019 (with subsequent approvedrevisions), which are by this reference incorporated in this instrument.1. Benefit and Burden. This Offer shall run with and burden the Property and allobligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenantsand restrictions running with the land and shall be, upon the issuance of the final Permit referenceherein, be effective limitations on the use and access of the Property by Grantor and shall bind theGrantor and all successors and assigns. This Offer shall benefit the Municipality only so long assaid improvements and infrastructures for sewer and water exist on the Property.2. Construction and Validity. If any provision of these Restrictions is held to beinvalid or for any reason becomes unenforceable, no other provision shall be thereby affected orimpaired.3. Successors and Assigns. The terms, covenants, conditions, exceptions,obligations, and reservations contained in this Offer shall be binding upon and inure to the benefitof the successors and assigns of both the Grantor and the Municipality, whether voluntary orinvoluntary.4. Limitations. The construction and other standards adopted or utilized by the CityofBozeman regarding legal form, construction materials, warranty, and all other elements relatingto improvements or infrastructure constructed or be constructed pursuant to the Permit shall befully applicable.5. Term. This irrevocable Offer of Dedication shall be binding for the duration ofFinal Site Plan approval process. Upon written acceptance of this Offer by the Municipality, thisOffer and the terms, conditions, and restrictions hereof shall exist in perpetuity, shall have theeffect of a grant by Grantor, subject to the conditions stated herein, and shall run with the land andbe binding on the parties, their heirs, assigns, and successors, PROVIDED, HOWEVER, this grantshall be null and void if the Permit referenced herein is not granted and issued by the Municipalityon or before one year after the date of Final Plan approval or extensions of the date of approval.49 Ironwood Inc. & Skeeter LLCJulien D. MoriceBy:_-'-^^^'STgnature) (print)Its: Managing Member oflronwood Inc. & Skeeter LLCState of Montana):ss:County of Gallatin_ )On this _^\_ day of —T^ \^2019 before me personally appeared JulienMorice, whose identity was proved to lme on the basis of satisfactory evidence to be thepersons whose name is subscribed to this instrument, and acknowledged that he executedthe same as Managing Member of, and for and on behalf of Ironwood Inc. & Skeeter LLC.' ' /'/7j.^8%Print Name:Signed:^•H^(^ 6'a^Ji^Q-<^ FZA^. -A^;?^- c!KS?S!SKr1:^^i\ \fQr ^S&M^Je or Montana Notary Public for the State of Montana", -,'^.y^AL,<^;...,^•^::•'•- ;Rosi';;ina at;E'o^e.rian, Mof^anaI(--•"^^M'3'^'' cof^i";s'3i3n Expires:-.-.J»;«.:',:.,,_.-._;^o"i';'"^^er ?P, 20"i9.....JResiding at: Bozeman MontanaMy Commission Expires: i^wLr.ZG- -2Pf^50 ACCEPTED:CITY OF BOZEMAN, MONTANAInterim City ManagerATTEST:City ClerkSTATE OF MONTANA )) ssCounty of Gallatin )On thisday of2019, before me, the undersigned,a Notary Public for the State of Montana, personally appeared ANDREA SURRATT andROBIN CROUCH, known to me to be the City Manager and City Clerk for the City ofBozeman,respectively, and the persons whose names are subscribed to the within instrument, andacknowledged to me that they executed the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed myNotarial Seal the day and year first above written.(SEAL)Notary Public for the State of MontanaResiding at Bozeman, MontanaMy Commission Expires51